Indiana replaces flawed vaping regulations

Last January, the rules that Indiana State had imposed on out-of-state companies were declared in violation of the US Constitution’s commerce clause, by the Court of Appeal. Last Friday, the state’s lawmakers debated the legislation that will eliminate many of Indiana’s monopoly-creating regulations, whilst setting in place new ones.

The Senate approved the revised bill at 45-5, the House at 83-14.

An article published on WFYI Indianapolis last Saturday, said that amongst the measures included in this new bill, are new packaging and labelling requirements, and a specification of all the ingredients contained in the products. Online sales will be permitted.

A bill that violated the US Constitution’s commerce clause

The requirements Indiana State placed on out-of-state companies have been deemed in violation of the US Constitution’s commerce clause by the Court of Appeal.

Sen. Greg Taylor (D-Indianapolis) is not in favour of these new regulations. In his opinion Bill 1 is heavily reliant on potential federal regulations that have not been implemented yet, and said that he does not want to depend on the federal government.

“So we’re just going to have a free-for-all now with people coming here, getting this vape … kids are going to be smoking it,” said Taylor.

“If we don’t implement Senate Bill 1, there will be no regulations. And it will be easier for people who want to do bad things to put illegal substances in e-liquid and ship it here, there, and anywhere else.” Sen. Randy Head (R-Logansport)

However, Sen. Randy Head (R-Logansport) reminded that since a federal court ruling earlier this year invalidated Indiana’s existing rules, this bill is needed in order to ensure that the products being sold are safe.

“If we don’t implement Senate Bill 1, there will be no regulations. And it will be easier for people who want to do bad things to put illegal substances in e-liquid and ship it here, there, and anywhere else,” Head says.